Terms & Conditions

Website Terms & Conditions

Introduction

Please read these terms and conditions carefully as they contain important information about your rights and obligations when using this website (the ‘Website’)

The Website is owned and operated by Fidelity Works Ltd (‘we’/’us’/’our’) registered in England & Wales with Company Number 08282024. Our business address (for communications) is 86 - 90 Paul Street, London, EC2A 4NE.

The term ‘you’ refers to the user or viewer of our Website. By browsing on or using the Website you are agreeing to comply with, and be bound by, these terms and conditions which, together with our privacy policy, governs our relationship with you regarding the use of our Website.

Fidelity Works Ltd is Authorised and Regulated by the Financial Conduct Authority and is listed on the Financial Service Register with Firm Reference Number 669535.

Fidelity Works Ltd is authorised a both a lender and a broker. This website is promoting our services as broker and not our services as a lender. We use an algorithm to match our customers’ requirements to our panel of lenders and brokers which is based on many of the features of the application details, applicant preferences, and the lenders product. We do not charge you for this service, however we do receive a commission from the lender or broker that we pass you on to. This amount is variable.

We only want you to apply for a loan if you are sure you can repay it in full on your due date and still manage your other outgoings. By accepting these terms, you confirm you have provided accurate financial information and considered potential future income and outgoings in determining your ability to repay.

Eligibility to apply for a loan

To be eligible to apply for a loan and lawfully enter into and form contracts with us and the lenders, you must be 18 years of age or over, be legally capable of entering into a binding contract, provide full details of an address in the United Kingdom for the performance or delivery of the Services

Our broking service and what you authorise us and the lenders and brokers we have agreements with to do

By submitting an application, you give your consent to us doing the following:

Storing and processing your personal and non-personal data in accordance with our Privacy Policy which forms part of these terms and conditions.

Electronically passing your details to one or more lenders or credit brokers with whom we have an agreement to try to find you the credit you are seeking. When this happens, in order to assist these in making a decision whether they can help you, they will search the files of one or more Credit Reference Agencies (CRA) or Fraud Prevention Agencies (FPA). This will result in each leaving a search footprint on your credit file. Full details of this can be found in our Privacy Policy.

When one of the lenders or brokers agree to review your application further, transferring you to their website so that you can complete the application process with them. While we will only work with authorised and regulated lenders, we make no recommendation that the lender that agrees to consider your application, or the loan they offer, meets all of your demands and needs, nor that the loan they offer is suitable for you. When you are transferred to their site you are under no obligation to complete the application process if you do not want to. We strongly advise that you read all of their Terms & Conditions, including any loan documentation, carefully and only proceed if you are happy with the product that they offer you. We will not pass any of your debit/credit card details to them, so if they make any charges in connection with the application, you will have to decide whether you want to agree to these and then make a payment arrangement directly with them.

No Loan

While we always try to find you a loan, there are circumstances where we are unable to do this. Submitting an application to us does not guarantee you a loan, and we will not be in breach of our obligations if we are unable to find you a loan. We strongly recommend that you do not make commitments to spend your loan until it is deposited in your bank account and will not be liable for any costs or losses suffered by you if we are unable to find you a loan.

If none of our lenders are willing to consider your application it may be an indication that a loan is not the best course of action for you. As an alternative you may wish to take some free and independent financial advice from the Money Advice Service atwww.moneyadviceservice.org.uk or on 0800 138 7777.

Access

You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them. We make reasonable efforts to ensure that this Website is available to view and use 24 hours a day throughout each year however, this is not guaranteed. The Website may be temporarily unavailable at any time because of: server or systems failure or other technical issues; reasons that are beyond our control; required updating, maintenance or repair. Where possible we will try to give you advance warning of maintenance issues but shall not be obliged to do so.

Intellectual Property

The content of the Website is protected by copyright (including design copyrights), trademarks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Fidelity Works Ltd’s moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world). You acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.

You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.

You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.

You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content. No licence is granted to you to use any of our trademarks or those of our affiliated companies.

Disclaimer

It shall be your responsibility to ensure that any products, services or information available through the Website meet your specific requirements.

We will not be liable to you if the Website is unavailable at any time.

We attempt to ensure that the information available on the Website at any time is accurate. However, we do not guarantee the accuracy or completeness of material on this Website. We use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of them. We make no commitment to ensure that such material is correct or up to date.

All drawings, images, descriptive matter and specifications on the Website are for the sole purpose of giving an approximate description for your general information only and should be used only as a guide.

The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these terms and conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.

We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs. We accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website.

While we will take every precaution possible, we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it. We reserve the right to disclose such information to law enforcement authorities as we reasonably feel is necessary should you breach this agreement.

Use of the Website

You are permitted to use the Website and the material contained in it only as expressly authorised by us and in accordance with these terms and conditions, as may be amended from time to time without notice to you. We provide access and use of the Website on the basis that we exclude all representations, warranties and conditions to the maximum extent permitted by law. We reserve the right to: Make changes to the information or materials on this Website at any time and without notice to you. Temporarily or permanently change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict access to parts of or the entire Website without notice or liability to you or any third party. You may not use the Website for any of the following purposes: Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise Breaching any applicable local, national or international laws, regulations or code of practice Gaining unauthorised access to other computer systems Interfering with any other person’s use or enjoyment of the Website, Breaching any laws concerning the use of public telecommunications networks Interfering with, disrupting or damaging networks or websites connected to the Website Utilisation of data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website, To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation To create and/or publish your own database that features all or substantial parts of the Website, Making, transmitting or storing electronic copies of materials protected by copyright without the prior permission of the owner In addition, you must not: Knowingly introduce viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful to the Website, Attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to it Attack the Website via a denial-of-service attack or a distributed denial-of service attack Damage or disrupt any part of the Website, any equipment or network on which the Website is stored or any software used for the provision of the Website, A breach of this clause may be a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and disclose your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

LINKING TO THE WEBSITEYou must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent. Any agreed link must be: To the Website’s homepage Established from a website or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate. We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.

EXTERNAL LINKSTo provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for: The privacy practices of such websites The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources The use which others make of these websites Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources.

COOKIESWe use cookies to help us analyse traffic on our site and customer behaviour. Cookies may also be used by our partners to understand marketing and traffic patterns. During the course of any visit to a Fidelity Works Ltd’s website or application form, the pages you see, along with a cookie, are downloaded to your computer. Any information that is supplied by cookies can help us to provide you with a better service and assists us in analysing the profile of our visitors. Most web browsers automatically accept cookies, but normally you can alter your browser settings to prevent automatic acceptance, if you prefer. If you opt not to receive our cookies, we cannot guarantee that your experience with our website will be as quick or responsive as if you do receive cookies. We do not store passwords or any other information about a visitor in a cookie that could identify them, their location, their preferences or their financial activity. How to find and control your cookies If you’re using Internet Explorer 6.0 or 7.0: Choose Tools, then Internet Options Click the Privacy tab Click on the ‘Advanced’ button Check the ‘Override automatic cookie handing’ box and select Accept, Block or Prompt for action as appropriate. If you’re using Mozilla Firefox: Choose Tools, then Options… Privacy Cookies Set your options as required If you’re using Opera 8+: Choose Tools, then Preferences Advanced Select Cookies Select your settings using the available options If you’re using Safari: Choose Safari, then Preferences Security Select options by Accept Cookies as required. How do you know which of the sites you’ve visited use cookies? If you’re using Internet Explorer 6.0 or 7.0: Choose Tools, then Internet Options Click the General tab Click Settings View Files. If you’re using Mozilla Firefox: Choose Tools, the Options… Privacy Cookies Click the Show Cookies button. If you’re using Opera 8+: Choose Tools, then Advanced Click Cookies. If you’re using Safari: Choose Safari, then Preferences Security Click Show Cookies button. How to see your cookie code Just click on a cookie to open it. You’ll see a short string of text and numbers. The numbers are your identification card, which can only be seen by the server that gave you the cookie.

LIMITATION OF LIABILITY AND INDEMNITYNotwithstanding any other provision in these terms and conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for: Death or personal injury resulting from our negligence Fraud or fraudulent misrepresentation Action pursuant to section 2(3) of the Consumer Protection Act 1987 Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for the below mentioned losses which you have suffered or incurred arising out of or in connection with the provision of any matter in these terms and conditions even if such losses are foreseeable or result from a deliberate breach by us or as a result of any action we have taken in response to your breach: Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings) Any loss of goodwill or reputation; or Any special or indirect losses; or Any loss of data Wasted management or office time Any other loss or damage of any kind This clause does not affect your statutory rights as a consumer.

GENERALWe reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions in these terms and conditions and the remainder of the provision in question will not be affected. All Contracts are concluded and available in English only. If we fail, at any time to insist upon strict performance of any of your obligations under these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms and conditions, it shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

GOVERNING LAW AND JURISDICTIONThe Website is controlled and operated in the United Kingdom. These terms and conditions will be governed by the laws of England and Wales. If we decided to take legal action to enforce these terms and conditions, we will do so through the English courts. If you live in the UK, but outside of England you and you decided to commence legal action, you may do so in a court in the country in which you live.